In December of 2015, the Rhode Island Supreme Court provided guidance on the duties an attorney advising a trustee owes to the trust's beneficiaries. Audette v. Poulin, 127 A.3d 908 (R.I. 2015). Audette, the beneficiary of a trust, brought claims of negligence and...
PLDO Law Blog
Adam Greshowak
Florida Court Rules Invalidated Will Does Not Revoke Prior Will
A Florida Court has recently applied the doctrine of dependent relative revocation to uphold a prior will where the later will was procured by undue influence. In re Estate of Murphy, 184 So. 3d 1221 (Fla. App. 2d Dist. Jan. 20, 2016). The testatrix, Virginia Murphy,...
Notice of an Employee’s Rights under FMLA Must Include Job Protection Rights
A recent decision by the U.S. Court of Appeals for the Fourth Circuit highlights the importance of proper notice to employees of their rights and responsibilities under the Family and Medical Leave Act (FMLA). (Vannoy v. Fed. Reserve Bank of Richmond, 4th Cir., No....
Employers Must Diligently Investigate Reports of Employee Misconduct
Imagine you receive an email from a customer stating that one of your employees engaged in serious misconduct. However, it's not clear from the email whether the customer is merely disgruntled at your company's service, or if your employee indeed engaged in...
Enhanced Bankruptcy Options For Small Businesses Under The CARES Act
With little fanfare, the Bankruptcy Code received its first major revision in 15 years in February 2020. This new revision – called “Subchapter V” – is primarily designed to make it easier for qualified small businesses with total secured and unsecured debt of up to...
“Inside Business – Powered Up For Success” Online Learning Center Offers Resources for Businesses
PLDO's recent launch of its online multimedia learning center, Inside Business - Powered Up For Success, is dedicated to assisting entrepreneurs, startups and business owners grow, thrive and succeed in today’s business environment. The platform is a resource library...
A “Reasonable Accommodation” Must Be Reasonable
For employers determining what constitutes a “reasonable accommodation” can often be a challenge. A very recent decision by a federal court in Connecticut highlights the fact that what constitutes “reasonable” is not without limits, and an employer is not obligated to...
Pros and Cons of RWI in Merger and Acquisition Transactions
Representation and warranty insurance (“RWI”) has been around for some time. Historically, it was most commonly used in large transactions, often involving publicly traded companies. However, in recent years it has become much more common in smaller, private, “middle...
Equal Access To Justice Act Determined To Be Inapplicable To Non-Parties
The Equal Access to Justice for Small Businesses and Individuals Act (“EAJA”) is a legislative enactment whose purpose is to “mitigate the burden placed upon individuals and small businesses by the arbitrary and capricious decisions of administrative agencies made...
